House Bill 176

AN ACT TO AMEND SECTIONS 89-2-1, 89-2-23, 89-2-25 AND 89-2-27, MISSISSIPPI CODE OF 1972, TO CLARIFY LIMITATION OF LIABILITY FOR RECREATIONAL USE OF PROPERTY; TO AMEND SECTION 89-2-21, MISSISSIPPI CODE OF 1972, TO REVISE DEFINITIONS FOR ACTIVITIES RELATED TO RECREATIONAL PURPOSES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 89-2-1, Mississippi Code of 1972, is amended as follows:

89-2-1. The purpose of this chapter is to encourage persons to make available to the public land and water areas for outdoor recreational purposes by limiting their liability toward persons entering thereon for such purposes. A lessee or owner who opens a land or water area to the public for outdoor recreational purposes shall not, by opening such land or water for such use:

(a) Be presumed to extend any assurance that such land or water area is safe for any purpose;

(b) Incur any duty of care toward a person who goes on the land or water area; or

(c) Become liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the land or water area.

(d) Assume responsibility for or incur liability for injury to the person or property caused by any natural or artificial condition, structure, or personal property on the land.

The foregoing applies, whether the person going on the land or water area is an invitee, licensee, trespasser or otherwise.

SECTION 2. Section 89-2-21, Mississippi Code of 1972, is amended as follows:

89-2-21. For the purposes of this article, the following words shall have the meanings ascribed herein, unless the context otherwise requires:

(a) "Charge" means an admission fee for permission to go upon or use the land, but does not include:

(i) The sharing of game, fish, or other products of recreational use; or

(ii) Contributions in kind, services, or cash paid to reduce or offset costs and eliminate losses from recreational use.

( * * *~~(a)~~b) "Land" or "premises" means all real property, waters and private ways, and all trees, buildings and structures which are located on such real property, waters and private ways.

( * * *~~(b)~~c) "Landowner" means the legal titleholder or owner of land or premises, and includes any lessee, occupant or any other person in control of such land or premises, and the possessor of a fee interest in the property.

(e) "Public" and "person" includes any nonprofit or actual person.

(f) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof:

(i) Hunting;

(ii) Fishing;

(iii) Swimming;

(iv) Boating;

(v) Camping;

(vi) Picnicking;

(vii) Hiking;

(viii) Pleasure driving;

(ix) Nature study;

(x) Water skiing;

(xi) Winter sports;

(xii) Spelunking;

(xiii) Viewing or enjoying historical, archeological, scenic, or scientific sites; and

(xiv) Any other activity undertaken for exercise, education, relaxation, or pleasure on land owned by another.

SECTION 3. Section 89-2-23, Mississippi Code of 1972, is amended as follows:

89-2-23. Except as provided for in Section 89-2-27, a landowner: (a) shall owe no duty of care to keep land or premises safe for entry or use by others for hunting, fishing, trapping, camping, water sports, hiking or sightseeing, or any other recreational purpose; and (b) shall not be required to give any warning to any person entering on land or premises for hunting, fishing, trapping, camping, water sports, hiking * * *or, sightseeing or any other recreational purpose as to any hazardous conditions or uses of, or hazardous structures or activities on such land or premises.

SECTION 4. Section 89-2-25, Mississippi Code of 1972, is amended as follows:

89-2-25. Any landowner who gives permission to another person for any recreational purpose or to hunt, fish, trap, camp, hike or sightsee upon land or premises shall not, by the sole act of giving such permission, be considered or construed to have:

(a) Extended any assurance that the premises are safe for such purposes;

(b) Caused the person to whom permission has been granted to be constituted the legal status of an invitee to whom a duty of care is owed; or

(c) Assumed responsibility or liability for any injury to such person or his property caused by any act of such person to whom permission has been granted, except as provided in Section 89-2-27.

SECTION 5. Section 89-2-27, Mississippi Code of 1972, is amended as follows:

89-2-27. (1) This article shall not limit any liability which otherwise exists for:

(a) Willful or malicious failure to guard or warn against a hazardous condition, use, structure or activity;

(b) Injuries suffered in any case where permission to hunt, fish, trap, camp, hike, sightsee or engage in any other recreational purpose or lawful activity was granted for a consideration other than the consideration, if any, paid to the landowner by the State of Mississippi, the federal government, or any other governmental agency; or

(c) Injuries to third persons or to persons to whom the landowner owed a duty to keep the land or premises safe or to warn of danger, which injuries were caused by acts of persons to whom permission to hunt, fish, camp, hike, sightsee or engage in any other lawful activity was granted.

(2) Unless otherwise agreed in writing, the provisions of law regulating the duties and liability of an owner of land leased to the state, or any subdivision thereof, for recreational purposes shall be applicable.

SECTION 6. This act shall take effect and be in force from and after July 1, 2013.